教育、法律和多样性:全民教育?Neville Harris。牛津:哈特出版社,2020,616页(90英镑,精装本),国际标准书号:978-1-50-990670-3

IF 1 4区 社会学 Q2 LAW Legal Studies Pub Date : 2022-03-25 DOI:10.1017/lst.2022.11
A. Alghrani, Seamus Byrne, Deborah Tyfield
{"title":"教育、法律和多样性:全民教育?Neville Harris。牛津:哈特出版社,2020,616页(90英镑,精装本),国际标准书号:978-1-50-990670-3","authors":"A. Alghrani, Seamus Byrne, Deborah Tyfield","doi":"10.1017/lst.2022.11","DOIUrl":null,"url":null,"abstract":"Permeating all major international and regional human rights treaties, the right to education has been described as ‘one of the most important of children's moral and legal rights;without it they may be unable to develop their personality, talents, and mental and physical abilities to their fullest potential’.1 However, the legal enforcement of the right to education is a much more multifaceted exercise in practice, reflecting not only the overlap between the right itself and the provision of resources necessary for its implementation, but also the inseparable connection between the child's right to education and the rights of parents to select the form and manner of that education.2 Against this backdrop, Harris's Education, Law and Diversity: Schooling for One and All? is an important contribution to our collective understanding of the domestic enforcement of the right to education for two principal reasons. From a national standpoint, Covid-19 led to the closure of schools and globally the pandemic impacted 1.6 billion learners or 94% of the world's student population.4 One of the most impacted groups of learners was children with special educational needs and disabilities (SEND), who from a domestic perspective experienced a pronounced, disproportionate and retrogressive impact on their right to education.5 Harris's discussion on equality, inclusion and the rights of children with SEND assumes increased import in view of the overwhelmingly negative affect which Covid-19 has had on these children. Harris notes that the proportion of primary school pupils in England whose first language is reported to be other than English was 21.2% in 2019, with the equivalent figure for secondary school pupils recorded as 16.9%.7 In alluding to religious diversity Harris notes that religiously affiliated schools now account for around one third of schools in England, which ‘enables parents to have the choice of a denominational education for their child or a secular one’.8 The theme of diversity and inclusion is carried through to the discussion of those children who are educated outside of the formal state education system, with Harris noting that this cohort of children comprise a ‘significant minority of children’,9 equating to around 6.5% of the entire school population. Noting gradual change (with the exception of children and young people with special educational needs), Harris argues that the current two-page guidance accompanying the general duty on ‘pupil voice’ as set out in s 176 of the Education Act 2002 (which emphasises the relevance of Article 12 CRC and strongly encourages schools to pay due regard to the Convention), is ‘an exhortation which surely falls short of what is required to ensure that the pupil's voice is properly engaged with in school practice’.16 One of the most significant contributions which this book makes is to the ongoing debates surrounding the rights of children and young people with SEND.","PeriodicalId":46121,"journal":{"name":"Legal Studies","volume":"42 1","pages":"550 - 553"},"PeriodicalIF":1.0000,"publicationDate":"2022-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Education, Law and Diversity: Schooling for One and All? by Neville Harris. Oxford: Hart Publishing, 2020, 616 pp (£90, hardback) ISBN: 978-1-50-990670-3\",\"authors\":\"A. Alghrani, Seamus Byrne, Deborah Tyfield\",\"doi\":\"10.1017/lst.2022.11\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Permeating all major international and regional human rights treaties, the right to education has been described as ‘one of the most important of children's moral and legal rights;without it they may be unable to develop their personality, talents, and mental and physical abilities to their fullest potential’.1 However, the legal enforcement of the right to education is a much more multifaceted exercise in practice, reflecting not only the overlap between the right itself and the provision of resources necessary for its implementation, but also the inseparable connection between the child's right to education and the rights of parents to select the form and manner of that education.2 Against this backdrop, Harris's Education, Law and Diversity: Schooling for One and All? is an important contribution to our collective understanding of the domestic enforcement of the right to education for two principal reasons. From a national standpoint, Covid-19 led to the closure of schools and globally the pandemic impacted 1.6 billion learners or 94% of the world's student population.4 One of the most impacted groups of learners was children with special educational needs and disabilities (SEND), who from a domestic perspective experienced a pronounced, disproportionate and retrogressive impact on their right to education.5 Harris's discussion on equality, inclusion and the rights of children with SEND assumes increased import in view of the overwhelmingly negative affect which Covid-19 has had on these children. Harris notes that the proportion of primary school pupils in England whose first language is reported to be other than English was 21.2% in 2019, with the equivalent figure for secondary school pupils recorded as 16.9%.7 In alluding to religious diversity Harris notes that religiously affiliated schools now account for around one third of schools in England, which ‘enables parents to have the choice of a denominational education for their child or a secular one’.8 The theme of diversity and inclusion is carried through to the discussion of those children who are educated outside of the formal state education system, with Harris noting that this cohort of children comprise a ‘significant minority of children’,9 equating to around 6.5% of the entire school population. Noting gradual change (with the exception of children and young people with special educational needs), Harris argues that the current two-page guidance accompanying the general duty on ‘pupil voice’ as set out in s 176 of the Education Act 2002 (which emphasises the relevance of Article 12 CRC and strongly encourages schools to pay due regard to the Convention), is ‘an exhortation which surely falls short of what is required to ensure that the pupil's voice is properly engaged with in school practice’.16 One of the most significant contributions which this book makes is to the ongoing debates surrounding the rights of children and young people with SEND.\",\"PeriodicalId\":46121,\"journal\":{\"name\":\"Legal Studies\",\"volume\":\"42 1\",\"pages\":\"550 - 553\"},\"PeriodicalIF\":1.0000,\"publicationDate\":\"2022-03-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Legal Studies\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1017/lst.2022.11\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal Studies","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1017/lst.2022.11","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1

摘要

所有主要的国际和区域人权条约都将受教育权描述为“儿童最重要的道德和法律权利之一;没有受教育权,儿童可能无法充分发挥其个性、才能和身心能力”然而,受教育权的法律执行在实践中是一项更加多方面的工作,不仅反映了权利本身与提供实施该权利所必需的资源之间的重叠,而且也反映了儿童受教育权与父母选择教育形式和方式的权利之间的不可分割的联系在这样的背景下,哈里斯的《教育、法律与多样性:全民教育?》对我们对国内执行受教育权的集体理解作出了重要贡献,主要有两个原因。从国家的角度来看,2019冠状病毒病导致学校关闭,在全球范围内,这一流行病影响了16亿学习者,占世界学生人数的94%受影响最大的学习者群体之一是有特殊教育需要和残疾的儿童,从国内的角度来看,他们的受教育权受到了明显的、不成比例的和倒退的影响鉴于2019冠状病毒病对这些儿童产生了压倒性的负面影响,哈里斯关于残疾儿童的平等、包容和权利的讨论具有越来越重要的意义。哈里斯指出,据报道,2019年,英国第一语言不是英语的小学生比例为21.2%,而中学生的这一比例为16.9%在暗指宗教多样性时,哈里斯指出,宗教附属学校现在约占英国学校的三分之一,这“使父母可以选择让他们的孩子接受宗教教育还是世俗教育”多样性和包容性的主题贯穿到对那些在正规国家教育系统之外接受教育的儿童的讨论中,哈里斯指出,这一群体的儿童构成了“重要的少数儿童”,相当于整个学校人口的6.5%左右。注意到逐渐发生的变化(有特殊教育需要的儿童和青少年除外),Harris认为,2002年《教育法》第176条(强调《儿童权利公约》第12条的相关性,并强烈鼓励学校对《公约》给予应有的重视)中规定的“学生声音”的一般义务的现行两页指导意见,是“一种劝诫,显然不足以确保学生的声音在学校实践中得到适当的参与”这本书最重要的贡献之一是对正在进行的关于儿童和青少年的权利的辩论。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
查看原文
分享 分享
微信好友 朋友圈 QQ好友 复制链接
本刊更多论文
Education, Law and Diversity: Schooling for One and All? by Neville Harris. Oxford: Hart Publishing, 2020, 616 pp (£90, hardback) ISBN: 978-1-50-990670-3
Permeating all major international and regional human rights treaties, the right to education has been described as ‘one of the most important of children's moral and legal rights;without it they may be unable to develop their personality, talents, and mental and physical abilities to their fullest potential’.1 However, the legal enforcement of the right to education is a much more multifaceted exercise in practice, reflecting not only the overlap between the right itself and the provision of resources necessary for its implementation, but also the inseparable connection between the child's right to education and the rights of parents to select the form and manner of that education.2 Against this backdrop, Harris's Education, Law and Diversity: Schooling for One and All? is an important contribution to our collective understanding of the domestic enforcement of the right to education for two principal reasons. From a national standpoint, Covid-19 led to the closure of schools and globally the pandemic impacted 1.6 billion learners or 94% of the world's student population.4 One of the most impacted groups of learners was children with special educational needs and disabilities (SEND), who from a domestic perspective experienced a pronounced, disproportionate and retrogressive impact on their right to education.5 Harris's discussion on equality, inclusion and the rights of children with SEND assumes increased import in view of the overwhelmingly negative affect which Covid-19 has had on these children. Harris notes that the proportion of primary school pupils in England whose first language is reported to be other than English was 21.2% in 2019, with the equivalent figure for secondary school pupils recorded as 16.9%.7 In alluding to religious diversity Harris notes that religiously affiliated schools now account for around one third of schools in England, which ‘enables parents to have the choice of a denominational education for their child or a secular one’.8 The theme of diversity and inclusion is carried through to the discussion of those children who are educated outside of the formal state education system, with Harris noting that this cohort of children comprise a ‘significant minority of children’,9 equating to around 6.5% of the entire school population. Noting gradual change (with the exception of children and young people with special educational needs), Harris argues that the current two-page guidance accompanying the general duty on ‘pupil voice’ as set out in s 176 of the Education Act 2002 (which emphasises the relevance of Article 12 CRC and strongly encourages schools to pay due regard to the Convention), is ‘an exhortation which surely falls short of what is required to ensure that the pupil's voice is properly engaged with in school practice’.16 One of the most significant contributions which this book makes is to the ongoing debates surrounding the rights of children and young people with SEND.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
CiteScore
1.20
自引率
0.00%
发文量
38
期刊最新文献
Conspiracy! Or, when bad things happen to good litigants in person European human rights law and the legality of sex offence prosecutions based on deception as to gender history Deportation and human rights: the right to respect for private life in MK (Albania) v Minister for Justice and Equality Imprisonment for breach of injunctions: what is happening in the civil courts? Medical negligence and disclosure of alternative treatments
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
已复制链接
已复制链接
快去分享给好友吧!
我知道了
×
扫码分享
扫码分享
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1